"Policy or Custom" Requirement Always Applies in Section 1983 Cases
In Los Angeles Cty. v. Humphries, No. 09-350, an action under 42 U.S.C. section 1983, seeking damages, an injunction, and a declaration that public officials and defendant Los Angeles County had deprived plaintiffs of their constitutional rights by failing to create a mechanism through which they could contest inclusion in a "child abuse index," the court reversed the Ninth Circuit's reversal of summary judgment for defendants where Monell's "policy or custom" requirement applies in section 1983 cases irrespective of whether the relief sought is monetary or prospective.